Orak Travel - Terms & Conditions
Orak Travel Ltd. – Terms & Conditions

Release from Liability, Assumption of Risk, and Binding Arbitration Agreement

1. Parties & Scope

These Terms govern all travel planning and consultancy services provided by Orak Travel Ltd (“we,” “our,” “us,” or “the Consultant”) to the Client (“you” or “the Client”), including personalized itineraries, bookings, visa assistance, hotel reservations, flight and transport coordination, tours, and general travel support.

2. Accuracy of Information

You are responsible for providing accurate and complete information during the planning and booking process, including names (as shown in travel documents), dates of birth, medical or dietary needs, passport details, and visa status. Orak Travel Ltd will not be held liable for disruptions or denied services due to inaccuracies in the information you provide.

3. Independent Supplier Relationships

Orak Travel Ltd acts solely as a travel agent/consultant and intermediary between you and third-party service providers (e.g. airlines, hotels, activity operators). We do not own or operate any of these services and are not liable for their acts, omissions, delays, service quality, overbookings, cancellations, or negligence.

4. Limitation of Liability

To the fullest extent permitted by law, Orak Travel Ltd disclaims all liability for personal injury, illness, loss, death, damage, delay, inconvenience, or expense incurred during travel. Our total liability shall not exceed the consultancy fees paid to us. You travel at your own risk, and we recommend that you conduct due diligence before travel.

5. Travel Insurance Requirement

All clients are strongly advised to purchase comprehensive travel insurance to protect against unforeseen circumstances including but not limited to:

  • Trip cancellations or interruptions

  • Medical expenses and emergency evacuations

  • Lost, stolen or damaged luggage

  • Travel delays or missed connections

Orak Travel Ltd is not responsible for losses incurred due to lack of insurance.

6. Travel Advisories & Entry Requirements

We will inform you of any known travel restrictions, entry requirements, visa needs, or safety advisories at the time of planning. However, you are solely responsible for obtaining necessary documentation and meeting all requirements for your destinations, including:

  • Valid passports and visas

  • Vaccinations or medical clearance

  • Immigration rules and entry regulations

No refund will be given if you are denied entry due to non-compliance.

7. Service Fees & Payment Terms

We charge planning, consultation, or coordination fees as outlined at the time of engagement. These fees are:

  • Non-refundable once planning has begun

  • Separate from third-party supplier costs

All supplier payments (flights, hotels, activities) are subject to the respective supplier’s pricing and terms. Currency fluctuations, surcharges, or additional government-imposed fees may apply and are passed to the client.

8. Cancellation & Refund Policy

All cancellations must be made in writing to bookings@oraktravel.com 

a. Orak Planning Fees

Custom Itinerary Planning fee and Itinerary Only Curation fee - Non-refundable once submitted.

Annual Subscription Plans - 85% refundable within 30 days of payment and only if unused. No further refunds available past the mentioned period.

b. Third-Party Bookings (Flights, Hotels, Tours)

Each supplier has its own refund policy.

Orak Travel Ltd is not responsible for delays or non-refundable bookings.

We will support the client in submitting refund requests where applicable, but processing and outcomes are solely the responsibility of the supplier.

Cancellations by You (Client)

If you cancel your trip more than 6 months before it starts, you’ll get a full refund, excluding the non-refundable deposit fee.

If you cancel within 6 months but between 60 and 90 days before your trip, you can transfer the full amount to a future trip, but a 30% cancellation fee will be deducted. 

For cancellations between 30 and 60 days, you can transfer the payments as a credit, minus 50% of the trip value. 

Cancellations within 30 days won’t receive a refund or credit, and the full booking value will be charged as a cancellation fee.

Should you get someone to replace you at any point, in cases of group trips, you will get a full refund. 

Refund Processing: Please allow up to 20 working days for your refund to be processed.

Cancellations By You – During the trip

All tour payments are non-refundable and non-transferable. As a result, Orak Travel Ltd recommends that you purchase travel insurance for coverage in the event of a medical or family emergency, or for any other basis that you deem necessary.

No tour credits, date changes or refunds will be provided in the event you decide to cancel your tour/booking, do not arrive at your scheduled tour on the anticipated start date, or in the event you arrive late to any tour. Similarly, no refunds will be given for unused hotel rooms, meals, activities, or tour arrangements for any reason whatsoever. Tours are quoted as a package and refunds and credits are not given for services not used.


Cancellations, Delays, or Changes By US

Orak Travel Ltd reserves the right to cancel any trip due to inadequate enrollment or other cause that makes the trip unfeasible for us to operate. We will inform you at least 30 days prior to departure if a trip is cancelled.

In such instances, where Orak Travel Ltd cancels your trip, a full travel credit toward a future tour or refund of the tour cost is given, except in those instances such as if (i) a tour is cancelled due to force majeure (acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; labor strikes; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable), where prepaid deposits and payments cannot be returned or reversed, or (ii) where Orak Travel Ltd has already disbursed full payment for the services or transportation purchased by you to its third-party suppliers or providers.

For any tour that is instead delayed or postponed by Orak Travel Ltd. Orak Travel Ltd agrees to provide alternate travel dates for that tour, or reserves the right to offer a travel credit towards future travel, in its sole discretion. Any travel credit provided for a delayed or postponed tour, will be equivalent to the rate you paid to Orak Travel Ltd for your booking/tour. Your travel credit never expires. While you may book any future Orak Travel Ltd tour to the same destination for a period of one (1) year, regardless of any rate increases, you will be responsible for paying any difference in the applicable tour rate thereafter.

Your travel credit may also be used towards another Orak Travel Ltd tour destination; However, you will be responsible for paying for any difference in the rate related to that destination.

Orak Travel Ltd is not responsible for expenses incurred by you in preparing for a cancelled, delayed or postponed tour (e.g., non-refundable purchase of air tickets, travel insurance costs, visa fees, inoculations, equipment, etc.) or for any additional arrangements should you depart prior to the scheduled tour departure date.

Published times on itineraries are as accurate as possible, but are subject to change due to traffic, weather, mechanical and any other conditions beyond the control of Orak Travel Ltd that prevent us escapes from operating as scheduled. Orak Travel Ltd expressly disclaims any liability for any damages that may be incurred for any changes, cancellations, delays, or additional costs related to any tour itinerary.

All services and accommodations are subject to the laws of the country in which they are provided. Orak Travel Ltd reserves the right to make changes in the tour itinerary or program features whenever, in their sole judgment, with or without notice, conditions warrant, or if Orak Travel Ltd deems it necessary for the comfort, convenience, or safety of the tour.

c. Client No-Shows or Late Arrivals

No refunds will be issued for missed flights, hotel stays, activities, or services due to late arrival or no-show.

9. Medical & Health

Orak Travel Ltd has the right to disqualify you at any time during the tour if it believes you are physically or mentally unable to participate in the tour or if your continued participation may jeopardize any other individuals in the tour group. Refunds are not given under such circumstances. You agree to complete the form provided to disclose all relevant medical information accurately and fully.

You acknowledge that hospital facilities are often unavailable, and evacuation can be prolonged, difficult and expensive. You also acknowledge that medical facilities on the trip may not be of the same standard and quality of service as medical facilities in your home country.

You further acknowledge that such travel may be dangerous and involve the risk of injury, sickness or possibly death, as well as damage to property. You acknowledge that you may be traveling to very primitive areas, with high risk of violence due to crime, war, terrorism, political unrest, and other dangers, and may be exposed to various diseases (food, water-borne or otherwise).

 We strongly urge you to review any Government Department warnings, alerts, advisories, and destination specific information from your home country.

 

10. Age Requirements

For pre-planned group trips, you must be at least eighteen (18) years of age on the date the tour begins, in order to participate.

11. Force Majeure

Orak Travel Ltd shall not be held responsible for any failure or delay in performance caused by events beyond our control, including natural disasters, war, terrorism, pandemics, civil unrest, government actions, strikes, or travel bans.

12. Indemnification

You agree to indemnify and hold harmless Orak Travel Ltd, its agents, consultants, and partners against any loss, claim, damage, or expense arising from your use of our services or violation of these Terms.

13. Data Privacy & Marketing Consent

By using our services, you consent to the collection and use of your personal data for purposes such as:

  • Trip planning and bookings

  • Communication and service delivery

  • Legal and regulatory compliance

We respect your privacy and never sell your information. With your permission, we may send you newsletters, travel tips, offers, and marketing communication via email. You can opt out at any time by emailing us at info@oraktravel.com or the listed email un-subscription buttons.

For more information, refer to our full Privacy Policy.

14. Jurisdiction & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any disputes arising from these Terms or our services shall be submitted to the courts of Nairobi, Kenya, unless otherwise agreed in writing.

15. Booking Workflow Integration

To ensure a seamless experience and mutual clarity:

Initial Inquiry – Complete our short CTA form.

Client Intake Form – Fill out detailed preferences for your trip.

Consultation Call – We discuss ideas and align on expectations.

Itinerary Drafting – We prepare and present your personalized plan.

Review & Revisions – You provide feedback before bookings.

Booking & Payment – Once approved, we proceed to confirm services.

Final Travel Pack – You receive a complete PDF and app-based itinerary with live updates and travel guides.

16. Waivers for High-Risk Activities

Clients participating in adventure or high-risk activities (e.g. safaris, hiking, water sports, sky diving) may be required to sign individual waivers releasing Orak Travel Ltd from liability. Participation in such activities is voluntary and at the client’s own risk.

17. Entire Agreement

These Terms constitute the entire agreement between you and Orak Travel Ltd. No other verbal or written representation shall apply unless formally agreed in writing.

18. Acknowledgment

By confirming your booking or engaging our services, you acknowledge and accept these Terms & Conditions on behalf of yourself and all travelers under your booking.